C.P. Saju v. District Superintendent of Police (Aluva Rural) and Others

W.P.(C) No.30388 of 2019 – W 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 10[TH] DAY OF AUGUST 2021 / 19TH SRAVANA, 1943** ## **WP(C) NO. 30388 OF 2019** ## **PETITIONER/S:** C.P.SAJU, AGED 63 YEARS S/O.C.V.PAULOSE, CHERIKANKUZHEYIL VEEDU, VETTIKKAL P.O., MULAMTHURUTHY, ERNAKULAM DISTRICT, PIN- 682314. BY ADVS. P.M.JOSHI SMT.SIJI K.PAUL ## **RESPONDENT/S:** 1 THE DISTRICT SUPERINTENDENT OF POLICE (ALUVA RURAL),ALUVA, PIN- 683101. 2 THE CIRCLE INSPECTOR OF POLICE,PUTHENCRUZ POLICE STATION, PUTHENCRUZ, PIN- 682308. 3 THE CIRCLE INSPECTOR OF POLICE,MULAMTHURUTHY POLICE STATION, MULAMTHURUTHY, PIN- 682314. 4 THE SECRETARY, MULAMTHURUTHY GRAMA PANCHAYAT, MULAMTHURUTHY, ERNAKULAM, PIN- 682314. 5 TRAFFIC REGULATORY COMMITTEE OF MULAMTHURTHY GRAMA PANCHAYAT,REPRESENTED BY ITS CHAIRMAN (PRESIDENT, MULAMTHURTHY GRAMA PANCHAYAT), MULAMTHURUTHY P.O., ERNAKULAM DISTRICT, PIN682314. 6 REJI YOHANNAN, KANDAPARAMBIL HOUSE, PULIKAMALY P.O., MANEED, W.P.(C) No.30388 of 2019 – W 2 MULAMTHURUTHY, ERNAKULAM, PIN- 682314. 7 JIJO P.T., PALLIYARAKAPPIL, PULICKAMALY P.O., MULAMTHURUTHY, ERNAKULAM, PIN- 682314. 8 THE SECRETARY, INDIAN NATIONAL TRADE UNION CONGRESS (INTUC (I)), MULANTHURUTHY, PIN- 682314. 9 THE SECRETARY, CENTRE OF INDIAN TRADE UNION (CITU), MULANTHURUTHY, PIN- 682314. BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.THOMAS P.KURUVILLA SRI.P.PRIJITH SHRI.HARIKRISHNAN S. SMT.REKHA C.NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.30388 of 2019 – W 3 ## **P.V.KUNHIKRISHNAN, J** **---------------------------W.P.(C) No.30388 of 2019 - W ----------------------------** Dated this the 10[th] day of August 2021 ## **JUDGMENT** The Writ Petition is filed with the following prayers: _“i. Issue a writ of mandamus or any other appropriate writ or direction directing the respondents 1 to 4 to remove the illegal parking of autorikshaws of respondents 6 and 7 and others, who are members of respondents 8 and 9 from Mulanthuruthy-Vettickal-Piravom road in front of petitioner's shop rooms nos.166, 167, 168, 166A and 166B in ward no.6 of Mulanthuruthy Grama Panchayth._ _ii. Issue a writ of mandamus or any other appropriate writ or direction directing respondents 1 to 3 to grant protection to the life and property of the petitioner and his family._ _iii. Issue any other order that this Hon'ble Court may deem fit and proper in the facts and circumstances of this case”._ **==> picture [379 x 13] intentionally omitted <==** W.P.(C) No.30388 of 2019 – W **==> picture [7 x 9] intentionally omitted <==** consideration on 18.11.2019 this Court passed the following order: _“In the light of the decision of this Court in Mathew P.D. vs. State of Kerala and others (2019 (5) KHC 242), there will be an interim order as prayed for._ _The petitioner shall take steps to serve notice to the 7[th] respondent again”._ **==> picture [379 x 12] intentionally omitted <==** consideration, the learned counsel for the petitioner submitted that the interim order may be retained and the Writ Petition may be disposed of. ## 4. Heard the learned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the 4[th] respondent. ## 5. After hearing the learned counsel on both sides, I think the Writ Petition can be disposed of in the light of the interim order. The grievance of the petitioner is that there is ## W.P.(C) No.30388 of 2019 – W **==> picture [7 x 9] intentionally omitted <==** illegal parking of autorikshaws in front of his shop rooms. The petitioner has produced certain photographs. Ext.P8 is one of the photographs. The ingress and egress to the shop of the petitioner cannot be obstructed like this. In the light of the above facts and circumstances of the case, I think the interim order can be retained and the Writ Petition can be disposed of. 6. Therefore, the Writ Petition is disposed of, retaining the interim order dated 18.11.2019 with the following further directions: 1. If there is any law and order problem and illegal parking of autorikshaws in front of the petitioner's shop rooms, in violation of the direction of Traffic Regulatory Authority if any, or if there is any obstruction for the ingress and egress to the shop rooms of the petitioner, the petitioner can approach the Station House Officer concerned with a W.P.(C) No.30388 of 2019 – W **==> picture [7 x 9] intentionally omitted <==** representation. 2. If such a representation is received, Station House Officer will do the needful to remove - the illegal parking of autorikshaws in front of the petitioner's shop rooms in the light of the interim order dated 18.11.2019. ## **sd/-** ## **P.V.KUNHIKRISHNAN JUDGE** rkc W.P.(C) No.30388 of 2019 – W 7 ## **APPENDIX OF WP(C) 30388/2019** - PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF LAND TAX RECEIPT DATED 17.06.2019 FROM THIRUVANIYOOR VILLAGE OFFICE. - EXHIBIT P2 THE TRUE COPY OF THE BUILDING TAX RECEIPT OF BUILDING NO.6/166. - EXHIBIT P3 THE TRUE COPY OF THE BUILDING TAX RECEIPT OF BUILDING NO.6/167. - EXHIBIT P4 THE TRUE COPY OF THE BUILDING TAX RECEIPT OF BUILDING NO.6/168. - EXHIBIT P5 THE TRUE COPY OF THE BUILDING TAX RECEIPT IN RESPECT OF BUILDING NO.6/166A. - EXHIBIT P6 THE TRUE COPY OF THE BUILDING TAX RECEIPT IN RESPECT OF BUILDING NO.6/166B. - EXHIBIT P7 THE TRUE PHOTOGRAPH, SHOWING THE ABOVE SAID BUILDINGS AND ROAD. - EXHIBIT P8 THE TRUE PHOTOGRAPHS SHOWING THE UNAUTHORIZED PARKING OF AUTO RICKSHAWS IN FRONT OF THE SHOP ROOMS OF THE PETITIONER. - EXHIBIT P9 THE TRUE COPY OF THE REQUEST/COMPLAINT DATED 04.11.2019. - EXHIBIT P10 THE TRUE COPY OF THE ACKNOWLEDGMENT DATED 04.11.2019 ISSUED FROM MULAMTHURUTHY GRAMA PANCHAYAT. W.P.(C) No.30388 of 2019 – W 8 EXHIBIT P11 THE TRUE COPY OF THE REQUEST/COMPLAINT DATED 04.11.2019 GIVEN TO 1ST RESPONDENT.